MURDERED: 8 yr old Leila Fowler - 12 yr old brother charged

[HairOfTheDog]

Judge Smith announced that he might deliver his verdict in the case as early as Monday.

The defense called a pathologist as an expert witness. The pathologist testified that the official autopsy was not well done because each of the individual stab wounds was not photographed separately. He told the court that the murder weapon couldn't be positively determined as a result.

It's important to the defense to create doubt that the steak knife found in the house was the murder weapon. A stranger wouldn't likely clean the knife and put it back and wouldn't have had an opportunity to do that if he'd been caught in the act and chased by Isiah Fowler, as the boy claims. It's much more likely that a family member would clean the weapon and put it back.

The defense also claims that Leila could have been stabbed around noon, at which time her brother called his parents.

The victim and the defendant's father, Barney Fowler, testified today that he believed Leila was alive when he arrived at the house and found her bleeding in a heap.

The prosecution contends that Leila was stabbed earlier and that Isiah Fowler had time to clean up and take a shower before calling his parents and lying about an intruder.

The defense also presented testimony from witnesses who reported seeing strangers/squatters in the area around the time of the murder to bolster the intruder story.


Ref: http://www.calaverasenterprise.com/news/...0dc3a.html

[HairOfTheDog]

What do you think -- guilty or not guilty?



Closing arguments wrapped up yesterday. Rebuttals are scheduled this afternoon. Judge Smith is expected to render his verdict shortly thereafter.

I think the defense did a good job attempting to establish reasonable doubt in the mind of the judge and pushing the alternate suspect/intruder theory.

It would have been harder for the defense if Isiah's blood/DNA had also been detected on the steak knife which prosecutors contend is the murder weapon (Leila's blood and DNA were detected on it; it had been washed on left in the family kitchen).

I don't think the defense's attack on the competency of the investigators and the coroner were very effective though. That's standard strategy for defense attorneys and, in this case, it doesn't appear to me that LE botched what they had to work with or jumped to a wrong conclusion and ran with it. LE searched and investigated the intruder possibility (and ruled it out) before charging Isiah Fowler with his sister's murder.

While Isiah's blood and/or DNA on the alleged murder weapon (or in the shower, or on clean-up materials, or on his clothing...) would have really strengthened the prosecution's case, I think the boy is guilty. Sometimes not much physical evidence is left behind even without a clean-up job. And, sometimes parents accidentally (or purposely) destroy evidence that incriminates their child.

If the judge finds Isiah guilty, he'll face incarceration in a juvenile facility until the age of 23.

Anybody think the kid is innocent or that the judge should find him "not guilty" based on the evidence presented?

[Adub]

I've been following along. I think Isaiah has a better chance with a judge than with a jury. I know the intruder part seems flaky, but it is his defense. He never did truly confess, did he?

[HairOfTheDog]

I've been following along. I think Isaiah has a better chance with a judge than with a jury. I know the intruder part seems flaky, but it is his defense. He never did truly confess, did he?

To the best of my knowledge, Isiah stuck to the intruder story, even after the neighbor recanted on seeing a stranger that matched the description Isiah provided.

I don't know if Isiah has a better chance with a judge than he would have with a jury. But, neither verdict will shock me in this case, based on what I know of the trial/evidence. I could see it going either way.

The physical evidence proves that Leila was killed in the top bunk, in her house, and that most likely the steak knife found in the kitchen was the murder weapon (or one of the murder weapons). But neither the killer's blood nor DNA was found on the knife.

The fact that the knife with her blood on it was washed and left in the house circumstantially points to Isiah, who was home alone with Leila though.

What did you think about the time of death testimony Adub? The prosecution said Leila was cold to the touch when responders arrived and that Isiah had like 45 minutes to clean up before calling his parents. Barney Fowler says he thought his daughter was still alive when he got to the house, and the defense contends that Isiah wouldn't have had time to clean up (and even if he had, blood would have been found in the shower).

[Adub]

Honestly? I don't want to think about it. I don't want to believe that big brother killed her viciously with a knife. It is like WTF? to me. That is why I am thankful that a judge will decide and not a jury.
I kind of trust a judge more than jurors. It was a vicious murder. Someone held a lot of rage and anger, Leila became the victim of that rage. Hardly something an unknown intruder would do.
But yet, just imaging that big brother did it is cringe worthy.

I guess Barney is holding strong, fwiw.

[HairOfTheDog]

I disregarded the time of death testimony, Adub -- wasn't sure what to think about it either.

I just saw that the judge found Isiah Fowler guilty. I think he did it, though I too would rather not believe it.

It didn't look like a slam dunk case to me. I'm curious to read the judge's rationale when it's released.

[Adub]

I disregarded the time of death testimony, Adub -- wasn't sure what to think about it either.

I just saw that the judge found Isiah Fowler guilty. I think he did it, though I too would rather not believe it.

It didn't look like a slam dunk case to me. I'm curious to read the judge's rationale when it's released.

Sad all the way around. I really haven't looked into who the judge was, or what the community thought. The defense attorneys did not come cheap though. I am thinking that Barney is feeling betrayed by the justice system.

[HairOfTheDog]

I'm sure the Fowlers wish it had gone differently for their son, Adub. I now believe that they really believe Isiah. I understand why and I wish them peace.

But, I think they're wrong. I think the judge got it right. If so, that's some form of justice for their daughter Leila and may keep the other Fowler children safe.

Judge Smith said he found Isiah guilty because Isiah's statements did not add up. I just did a little searching and refreshing; Isiah's story really doesn't add up.

Isiah waited a full minute and a half to tell the 911 dispatcher that Leila had been stabbed, after explaining to her that he rushed out of the bathroom when he heard Leila scream and saw a Mexican man with long gray hair fleeing Leila's room and out of the house.

In his later statement, he told police he then went to the kitchen and got a knife to protect Leila (after the man had fled). When he saw Leila bleeding on the floor in her room, he dropped the knife in and near her room. Then he picked up the knife and put it back in the kitchen, he said.

But, investigator's later found Leila's blood and DNA inside the knife handle and it had a bent tip -- just dropping the knife briefly wouldn't have caused that to happen.

When you add it all up, it seems likely beyond reasonable doubt (to me) that he stabbed his sister, cleaned up, and then made up an intruder story.

Isiah's lawyer said in one of the early hearings, "he might have lied about the intruder, but that doesn't mean he stabbed his sister" or something to that effect. I think it pretty much means he stabbed his sister - why else lie about an intruder (unless you're covering for someone else in the family)?

I think the defense went ahead with the "intruder did it" strategy at trial because they had nothing better to play (creating doubt around one of the other family members could have really backfired) and they knew if they admitted the intruder story was bogus, it pointed very strongly towards Isiah's guilt. The defense was fortunate that Isiah cleaned himself and the shower up well enough to put forth a viable defense.

That's what I think.

Very sad case, in any event. RIP Leila.

[HairOfTheDog]

The Fowler family reportedly remains convinced an unknown suspect is responsible for the attack and murder of Leila.

Isiah's Fowler's attorneys are already planning their Appeal.

The boy is scheduled for sentencing Nov. 4.

[RJs-Ex]

Any ideas on motive?

[HairOfTheDog]

Good to see you RJs.

I don't believe any direct motive was presented by the prosecution - although they did assert that Isiah had been in trouble at school for saying that he wanted to stab somebody and carrying a knife at school.

Isiah's team says that's a misleading characterization of the incident and that he simply got in trouble for carrying a pocket knife at school.

I don't believe the defense presented a possible motive for an intruder either. It's extremely hard to imagine why anyone would sneak into a house, stab an 8 year-old 23 times without sexually assaulting her, not rob the home, and flee when confronted by an unarmed 12-year-old.

One thing I had missed previously that worked against Isiah: before describing the intruder as a Hispanic man with long flowing gray hair, he told the 911 dispatcher that the intruder was a black man. Source: http://fox40.com/2015/10/05/attorneys-de...rder-case/